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Environmental Planning and Assessment Act 1979 No 203
Current version for 15 February 2019 to date (accessed 22 April 2019 at 12:08)
4.42 Approvals etc legislation that must be applied consistently
(cf previous s 89K)
(1) An authorisation of the following kind cannot be refused if it is necessary for carrying out State significant development that is authorised by a development consent under this Division and is to be substantially consistent with the consent:(a) an aquaculture permit under section 144 of the Fisheries Management Act 1994,(b) an approval under section 15 of the Mine Subsidence Compensation Act 1961,(c) a mining lease under the Mining Act 1992,Note.Under section 380A of the Mining Act 1992, a mining lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.(d) a production lease under the Petroleum (Onshore) Act 1991,Note.Under section 24A of the Petroleum (Onshore) Act 1991, a production lease can be refused on the ground that the applicant is not a fit and proper person, despite this section.(e) an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 (for any of the purposes referred to in section 43 of that Act),(f) a consent under section 138 of the Roads Act 1993,(g) a licence under the Pipelines Act 1967.(2) This section does not apply to or in respect of:(a) an application for the renewal of an authorisation or a renewed authorisation, or(b) an application for a further authorisation or a further authorisation following the expiry or lapsing of an authorisation, or(c) in the case of an environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997—any period after the first review of the licence under section 78 of that Act.(3) A reference in this section to an authorisation or development consent includes a reference to any conditions of the authorisation or consent.(4) This section applies to a person, court or tribunal that deals with an objection, appeal or review conferred on a person in relation to an authorisation in the same way as it applies to the person giving the authorisation.